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FAQs
ON ARBITRATION
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BASICS
OF ARBITRATION
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Q.1. |
What
is Arbitration ? |
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Q.2. |
What
is the modern concept of Arbitration ? |
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Q.3. |
How
to enter into an Arbitration agreement ? |
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Q.4. |
How
to get Interim Reliefs in a case where there is an Arbitration agreement ? |
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Q.5. |
What can a party
to an Arbitration agreement do if the other party to the Arbitration
agreement institutes a suit in a Court of Law praying for decision on
matters, which are covered by the Arbitration agreement ?
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COMPOSITION OF
ARBITRAL TRIBUNAL
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Q.6. |
How and
what number of Arbitrators are to be appointed ?
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Q.7. |
What about the
appointment of sole or third Arbitrator in an International Commercial
Arbitration ?
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Q.8. |
Can a party
challenge the appointment of an Arbitrator?
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Q.9. |
What
is the procedure for challenging the appointment of an Arbitrator ? |
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Q.10. |
What is to be
done in case of failure or impossibility to act on the part of the
Arbitrator or any of the Arbitrators ?
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Q.11. |
What is the
extent of Jurisdiction of an Arbitrator or the Arbitral Tribunal and who
is to decide about same?
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Q.12. |
What
is the procedure for conduct of Arbitral proceedings ? |
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Q.13. |
What would be
the place of Arbitration ?
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Q.14. |
When
does the Arbitration commence ? |
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Q.15. |
What
is the procedure generally to be followed in an Arbitration proceeding ? |
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Q.16. |
What happens if
either of the parties commits default in course of the conduct of the
Arbitration ?
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Q.17. |
Can
the Arbitrator appoint an expert ? |
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Q.18. |
How Court
assistance may be taken in taking evidence ?
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Q.19. |
What
is the Law applicable in case of Arbitrations within India and in case on
International Commercial Arbitration ? |
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Q.20. |
How
would a panel of Arbitrators decide the case ?
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Q.21. |
Can
the Arbitrator encourage settlement of the disputes or may use mediation,
conciliation or other procedures during the proceedings of Arbitration ?
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Q.22. |
What
should be the form of an award?
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Q.23. |
What should be the contents of the award ? |
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Q.24. |
What
are the duties of the Arbitrator after the award is made ?
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Q.25. |
Does
the Arbitrator have power to make an Interim award with respect to any
matter which the Arbitrator may make a final award ?
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Q.26. |
What is the power of an Arbitrator to award
interest ? |
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Q.27. |
What
about the costs of Arbitration; who has to pay and to what extent ?
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Q.28. |
When
does the Arbitration proceeding terminate ?
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Q.29. |
Can
the Arbitrator correct or interpret the award or make an additional award
? |
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Q.30. |
What
is the legal consequences which follow the making of the award ?
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Q.31. |
Can
the party aggrieved make an application for setting aside an award .
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Q.32. |
Is
there any limitation for making an application for setting aside the award
?
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Q.33. |
Is there any other
alternative to uphold the award, after the making of the application for
setting aside the same and before decision thereon by the Court ?
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Q.34. |
In
what cases a party can go in appeal from an order of the Court ?
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Q.35. |
Can
the Arbitrator Tribunal ask for deposit on account of cost ?
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Q.36. |
Does
the Arbitrator have lien on the award and deposit as to costs ?
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Q.37. |
Does
an Arbitration agreement stand discharge by death of party there to ? |
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Q.38. |
What
is the position in case of insolvency of a party?
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Q.39. |
Which Court will have
Jurisdiction in a case where an application has already been made with
respect to an Arbitration agreement?
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Q.40. |
Does
the limitation Act apply to an Arbitration?
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ENFORCEMENT OF CERTAIN
FOREIGN AWARDS
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Q.41. |
What
is a foreign award under the New York Convention Awards ?
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Q.42. |
Is
a foreign award within the meaning of New York Convention, binding ? |
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Q.43. |
What evidence has to be
produced at the time of applying for the enforcement of a foreign award ?
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Q.44. |
What
are the grounds on which the enforcement of a foreign award may be refused
?
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Q.45. |
What
is the position of a foreign award, after the court is satisfied that the
award is enforceable ? |
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Q.46. |
From
which orders made under chapter 1 of Part II an appeal lies ?
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Q.47. |
What happens if a party
institutes an action in a matter in respect of which the parties have made
an agreement referred to in Section 44, that is, the chapter relating to
the enforcement of certain foreign awards under the New York Convention ?
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Q.48. |
What happens if Chapter
1 of Part II relating to New York Convention Awards applies? Does Chapter
2 relating to Geneva Convention Awards also apply ?
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INTRODUCTION TO LAW RELATING TO
CONCILIATIONS
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Q.49. |
How a conciliation proceeding is commenced ? |
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Q.50. |
What would be the number
of conciliators and how they are to be appointed ?
What would be the number of conciliators and how they are to be appointed
? |
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Q.51. |
What is the procedure to be followed before the
conciliator ? |
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Q.52. |
What about the law
applicable to the proceedings before the conciliator ?
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Q.53. |
What
is the role of the conciliator ?
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Q.54. |
Can
the conciliator take administrative assistance from other institutions or
person ?
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Q.55. |
What about the communication between conciliator
and parties ? |
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Q.56. |
Is the conciliator bound to disclose the
informations that he receives to
the other side ? |
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Q.57. |
What
are the other duties of the parties in a conciliation proceeding to
facilitate a conciliation ?
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Q.58. |
How and in what manner a settlement is to be or may be arrived at ? |
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Q.59. |
What is the status and effect of settlement agreement ? |
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Q.60. |
Is there any duty cast upon the parties and the conciliator to keep the matters relating to conciliations as confidential ? |
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Q.61. |
When do the conciliation proceedings terminate ? |
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Q.62. |
Can a party or parties resort to arbitration or judicial proceedings during the course of the conciliation proceedings ? |
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Q.63. |
What about the costs regarding conciliation proceedings ? |
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Q.64. |
What is the role if any that the conciliator can discharge in other proceedings ? |
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Q.65. |
How far and to what extent the parties can use the evidence given in conciliation
proceedins, in other proceedings ? |
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SCHEME FOR APPOINTMENT OF ARBITRATORS, 1996 |
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Q.66. |
Has the Chief Justice of the High Court at Calcutta framed any scheme for the purposes of appointment of arbitrators as per the provisions of the said Act of 1996 ? |
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Q.67. |
What is the procedure, if
any, for submission of request to the Chief Justice under subsection 4 or subsection 5 or subsection 6 of Section 11 of the Act ? |
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Q.68. |
What are the other salient features of the Scheme ? |
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- We acknowledge the contribution of Hon'ble Justice
B. L. Jain, former
Judge of Calcutta High Court for the answers to FAQs on arbitration
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